To the extent a motion is filed and served in accordance with Local Rule (b) at least twenty-one (21) days prior to the hearing date, however, the movant may establish any objection deadline that is no earlier than fourteen (14) days after the date of service and . P. (a)(2), (3), and (6), and (f)(8), may be limited to creditors whose claims have been filed and creditors who are still permitted to file claims by reason of an extension granted by the court. (g) Notice of Motion. Local Bankruptcy Rule (c) applies. (h) Special Notice to Taxing Agencies. LOCAL BANKRUPTCY RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND As Revised April 1, Available online at: karacto.xyze Size: 1MB.
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Applications for fees or costs filed by the trustee and by paraprofessionals employed in the case by the trustee must disclose disbursements made pursuant to this rule for which reimbursement from the estate is requested. The trustee may exceed the Authorized Disbursal amount to pay emergency expenses, without prior court approval, to protect assets of the estate that might otherwise be lost or destroyed. If the trustee disburses more than the amounts contemplated as an Authorized Disbursal to pay emergency expenses and other expenses for which an Authorized Disbursal may be used, the trustee shall promptly file and serve a motion for approval after such expenses are paid.
Nothing in this rule precludes the trustee from seeking court approval to disburse estate funds by way of a noticed motion filed and served pursuant to BLR , and as needed, subject to a request for an order shortening time. Objections to Claim. Unless the Court orders otherwise, on an objection to claim, a copy of the claim, absent any attachments or exhibits, shall be included. Where a factual dispute is involved, the initial hearing on an objection shall be deemed a status conference at which the Court will not receive evidence.
Where the objection involves only a matter of law, the matter may be argued at the initial hearing. Any notice of hearing on a claim objection shall so state. Service of the objection shall be in accordance with Bankruptcy Rule a 2. Chapter 12 and 13 Plans. Unless otherwise ordered, notice of the hearing on confirmation of the plan shall be served not less than 35 days prior to the hearing. Objections to confirmation of the plan shall be filed and served on the debtor, the United States Trustee, the Chapter 12 trustee, and on any other entity designated by the Court, not less than 7 days before the hearing.
The order of confirmation shall be similar to the Official Form for confirmation of plans in Chapter 11 cases, with appropriate changes made for Chapter At least 28 days before the first date set for the 11 U. The Clerk shall certify to the Court that service has been made in accordance with this rule and pursuant to Bankruptcy Rule b.
If the plan is not filed in time for the Clerk to serve it with the notice, the debtor shall serve the plan and provide certification as specified above. Prior to confirmation the debtor shall serve all amended plans, together with at least 21 days notice of the date and time of the hearing on confirmation of the amended plan, on the trustee and all adversely affected creditors. Notwithstanding the foregoing, when plans are amended in response to trustee objections, and no creditors are adversely affected, the trustee may schedule confirmation of such amended plan on the next available confirmation calendar without further notice to creditors.
At or before the 11 U. Objections to amended plans shall be filed and served within 14 days of service of the amended plan.
Objections to confirmation need not be considered by the Court unless service has been made in accordance with this rule. Once timely filed, an objection to a plan will be considered an objection to all subsequent versions and amendments until the objection is withdrawn or the objecting party fails to appear at a hearing on confirmation. Notwithstanding the previous paragraph, late objections will be considered if the objection is raised before the plan is confirmed and the objecting party shows that it acted diligently.
Chapter 11 Disclosure Statement Hearing. Except as to small business cases subject to the provisions of 11 U. Notice of the hearing shall be served on the debtor, creditors, equity security holders, United States Trustee, Securities and Exchange Commission, and other parties in interest not less than 35 days prior to the hearing. The notice shall contain the information required by Official Form No. The proposed plan and proposed disclosure statement shall be served, with the notice, only on the United States Trustee and the persons mentioned in the second sentence of Bankruptcy Rule a.
A certificate of service of the foregoing documents must be filed at least 7 days prior to the hearing. In all cases, a competent witness must be present. Briefs are not required.
If a contested confirmation hearing is anticipated, the Court will entertain requests that scheduling procedures be established concerning the filing of briefs, exchange and marking of exhibits, disclosure of witnesses, and discovery. Chapter 11 Confirmation Hearing. Unless otherwise ordered, the plan proponent shall comply with the following procedures:. The tabulation should also identify any unimpaired class es and state the reason that such class is unimpaired under 11 U.
A copy of the ballot tabulation should be served on the United States Trustee and counsel for the Official Creditors' Committee, or if no such committee has been appointed, the creditors included on the list filed pursuant to Bankruptcy Rule d , and any parties objecting to confirmation.
In all cases, a competent witness must be present to testify, inter alia, as to the status of any post-petition trade debt, taxes or other obligations, the feasibility of the plan, and the Chapter 7 equivalency requirements.
Chapter 11 Final Decree. The Court may set deadlines for filing reports and an application for a final decree. Such application shall be considered by the Court without a hearing, unless within 14 days after the date of service of the notice, a party in interest files and serves a request for hearing. Motions For Relief From Stay. A motion for relief from stay, or for order confirming that no stay is in effect, shall be so titled and shall be accompanied by the declaration of an individual competent to testify which sets forth the factual basis for the motion.
The motion shall describe the relief sought and shall advise the respondent to appear personally or by counsel at the preliminary hearing. Every motion for relief from stay, or order confirming that no stay is in effect, shall be filed with a completed Relief From Stay Cover Sheet.
Unless otherwise ordered, motions shall be set for preliminary hearing not less than 14 days after service. Motions shall be served the same day they are filed or sent for filing. The Clerk shall make available a list of available hearing dates. It is the responsibility of the moving party to select a hearing date which satisfies the notice requirements of this rule. Unless otherwise ordered, no oral testimony will be received by the Court at any hearing on a motion for relief from stay, or for order confirming that no stay is in effect.
A respondent will not be required to, but may, file responsive pleadings, points and authorities, and declarations for any preliminary hearing. Both documents shall be written in language comprehensible to a lay person, and shall include the following information:. If, for any reason, the timing or amount of the last payment which fell due pre-petition is different from any payments which have accrued post-petition, the moving party must briefly state the reason for the change and whether the debtor was given written notice of the changed amount.
As to defaults in post-petition payments to a Chapter 13 trustee, a printout from the Chapter 13 trustee's on-line information system itemizing post-petition payments will suffice. Motions to Extend or Impose the Automatic Stay. Any party in interest seeking to extend the automatic stay pursuant to 11 U. The moving party must state whether continuation or imposition of the automatic stay is sought with respect to all creditors or only specified creditors, who must be identified by name.
The moving party must also set forth facts in support of the motion, established by declarations as appropriate, showing that the filing of the present case is in good faith as to the creditors to be stayed and describing the circumstances that led to the dismissal of all prior case s concerning the debtor that were pending or dismissed within the past eight 8 years. Service must be on all creditors to be stayed, the United States Trustee, any trustee appointed in the case, and the debtor if the debtor is not the moving party.
Service must be in accordance with Bankruptcy Rule , except as to parties who have appeared in the case in which event Bankruptcy Rule applies unless the court orders otherwise. For hearings on shortened time, the moving party must comply with Bankruptcy Rule and B. For purposes of motions made under this rule the following time periods shall replace those set forth in B. When a moving party proceeds under d 1 hereof, any opposition may be presented in writing, prior to or at the hearing, or orally, at the hearing.
When a moving party proceeds under d 2 hereof, any responsive pleadings, points and authorities, and declarations for any hearing must be filed with the objection or request for hearing.
The hearing on a motion to continue the automatic stay must be completed no later than 30 days after the petition date. See , 11 U. Designation of Responsible Individual. The order shall identify such person by name and include the person's address, telephone number, and position within the organization. If the duties are to be divided among two or more individuals, the responsibilities of each shall be specified.
The application and order shall be filed with the petition, or promptly thereafter. Any notice or application filed under this subparagraph b shall be served on any trustee appointed in the case, on counsel for or if there is no counsel, the members of any committee appointed in the case, on the United States Trustee, and on any party who has requested notice pursuant to Bankruptcy Rule i.
Upon the filing of a notice or application under this subparagraph, the Court may, on the request of any party or on its own motion, take such action as it deems appropriate in the circumstances.
Neither this subparagraph nor the filing of any application or notice under this subparagraph shall have any effect on the duties, obligations or responsibilities of the person previously designated under subparagraph a of this rule unless the Court orders otherwise. Exempt Property. If no objection to a claim of exemption has been made in a Chapter 7 case within the time provided in Bankruptcy Rule b , the Court may, at any time, without a hearing and without reopening the case, enter an order approving the exemptions as claimed.
Delayed Discharges of Individuals in Chapter 11, 12 and 13 Cases. A has completed an instructional course concerning personal financial management described in 11 U. B has been required to pay, and has paid, a domestic support obligation as that term is defined in 11 U. C has received a discharge in a chapter 7, 11, 12 bankruptcy case filed within four years prior to filing the present Chapter 13 case, or in a Chapter 13 case filed within two years prior to filing the present Chapter 13 case.
That certification shall be served by the debtor on the case trustee and all of the named domestic support obligation payees. The hearing must be held not more than 10 days before the date of the entry of the discharge order. Those forms shall be available on the court's website and at the offices and on the websites of the district's chapter 13 Standing Trustees. PART V. The Clerk may modify the ECF Procedures from time to time, after conferring with the Chief Bankruptcy Judge and such others judges as he or she shall designate.
By filing a document using the ECF System an attorney certifies under penalty of perjury:. The official file in all divisions shall be the electronic file. All documents filed in paper form will be scanned into the ECF System and will only be accessible electronically. The filer shall maintain records to support this concurrence for subsequent production for the Court, if so ordered, or for inspection upon request by a party, until five years after the case or adversary proceeding in which the document was filed is closed.
The filer shall maintain records to support this attestation for subsequent production to the Court, if so ordered, or for inspection upon request by a party, until five years after the case or adversary proceeding in which the document was filed is closed. General Reference. Pursuant to 28 U. Any civil proceeding arising in or related to a case under Title 11 that is pending in the District Court on the date the Title 11 case is filed shall be referred to a Bankruptcy Judge only upon order of the District Judge before whom the proceeding is pending.
Such an order may be entered upon the motion of a party, the District Judge's own motion, or upon the recommendation of a Bankruptcy Judge. Nothing in this rule shall modify any automatic stay imposed by 11 U.
Motions for Withdrawal of Reference. A motion to withdraw a case or proceeding under 28 U. The Clerk of the Bankruptcy Court shall transmit the motion forthwith to the District Court, with a copy forwarded to the assigned Bankruptcy Judge. A Bankruptcy Judge may, on the Judge's own motion, upon the filing of a motion under subparagraph a of this rule, recommend to the District Court whether the case or proceeding should be withdrawn under 28 U.
Such a recommendation shall be served on the parties to the case or proceeding and forwarded to the Clerk of the District Court. A motion or recommendation made under this rule for withdrawal of the bankruptcy reference shall be assigned by the Clerk of the District Court to a District Judge pursuant to the District Court's Assignment Plan.
The Clerk of the District Court shall promptly notify the parties of the name of the assigned District Judge and the District Court case number assigned to the motion, and thereafter any papers filed with respect to the motion or recommendation for withdrawal of the reference other than a request for stay of proceedings in the Bankruptcy Court shall be filed with the Clerk of the District Court and shall bear both the District Court civil case number which shall be stated first and the Bankruptcy Court case or adversary proceeding number.
Unless the assigned District Judge orders otherwise: within 14 days after receiving notice of the assignment to a District Judge under subsection c of this rule, any party objecting to withdrawal of the reference shall file in the District Court its opposition brief of not more than ten pages; 14 days thereafter, any party supporting withdrawal of the reference may file a reply brief of not more than ten pages; no hearing will be held unless the assigned District Judge orders otherwise.
A withdrawn case or proceeding shall be assigned to the District Judge who ordered the withdrawal of reference. A motion to sell free and clear of liens under 11 U. The affected lienholders and other interest holders shall be served with a complete set of moving papers pursuant to Bankruptcy Rule b.
The motion shall be supported by the declaration of an individual competent to testify which sets forth the factual basis demonstrating that the moving party comes within 11 U. The motion shall identify which subsection of 11 U. A motion to sell the subject property may be combined with a motion to sell free and clear of liens. Notice of a motion to sell property shall be given to those specified in Bankruptcy Rule a. The order granting a motion to sell free and clear of liens shall specify each lienholder whose interest is to be affected by the order.
Unless the Court orders otherwise, any motion for relief under 11 U. Notwithstanding subparagraph a , a Chapter 7 Trustee may move to reject an unexpired lease of nonresidential real property where the debtor is the tenant on 24 hours notice given only to the other party to the lease, and such motions will normally be considered by the Court without a hearing. Cover Sheet. Every complaint initiating an adversary proceeding and every notice of removal pursuant to Bankruptcy Rule shall be accompanied by a completed Adversary Proceeding Cover Sheet in a form prescribed by the Clerk.
Motions In Adversary Proceeding. Except as otherwise ordered, and except for motions made during the course of trial, all motions shall be filed and served at least 28 days before the hearing date. Any opposition to a motion shall be filed and served at least 14 days before the hearing date.
If the party against which the motion is directed does not oppose the motion, that party shall file a Statement of No Opposition within the time for filing and serving any opposition. Together with an opposition, a party responding to a motion may file a counter-motion related to the subject matter of the original motion. Such counter-motion shall be noticed for hearing on the same date as the original motion.
Any reply to an opposition, or opposition to a counter-motion, shall be filed and served by the moving party at least 7 days before the hearing. In an adversary proceeding pending before a Bankruptcy Court, the complaint, counterclaim, cross-claim, or third-party complaint shall contain a statement that the pleader does or does not consent to entry of a final order or judgment by the Bankruptcy Court.
In an adversary proceeding pending before a Bankruptcy Court, a responsive pleading shall contain a statement that the pleader does or does not consent to entry of a final order or judgment by the Bankruptcy Court. Scheduling Order. Except as otherwise ordered, that portion of FRCivP 16 b that fixes a deadline for entry of a scheduling order shall not apply in any adversary proceeding. Commentary This rule confirms that it is for the Bankruptcy Court to determine whether it has the authority to enter a final order or judgment in a proceeding.
A party's contention that the Bankruptcy Court lacks that authority will not by itself remove the proceeding from determination by the Bankruptcy Court. Absent withdrawal of the reference, the Bankruptcy Court shall retain the proceeding, and shall at the conclusion of the proceeding exercise the authority it determines to be proper.
Related Adversary Proceedings. Whenever a party knows or learns that an adversary proceeding, filed in or removed to this Court, is or the party believes that the action may be related to another adversary proceeding which is or was pending in this Court, the party shall promptly file a Notice of Related Adversary Proceeding. The Notice shall be filed in the later-filed adversary proceeding in which the party is appearing and shall be served on all known parties to each related case.
The Court may, on its own motion or upon the motion of a party in interest, order an adversary proceeding transferred to another Bankruptcy Judge based on the Court's determination that the proceeding is related and that the transfer will promote efficient adjudication of the actions or avoid inconsistent or conflicting rulings. A motion by a party in interest to transfer an adversary proceeding or proceedings shall be addressed to the Judge presiding in the earlier filed adversary proceeding and served on all known parties in each of the related adversary proceedings.
Because the Bankruptcy Court decides whether it has authority to enter a final order or judgment, or whether it must submit proposed findings of fact and conclusions of law to the District Court, there will be instances in which the Bankruptcy Court will enter judgment in a case in which a party contends that the Bankruptcy Court had authority only to submit proposed findings and conclusions.
This rule is intended to clarify two points about how the parties should proceed in such a case. First, the party seeking review must proceed by filing a notice of appeal, because that is the proper process for obtaining review of an order or judgment, even where the party seeking review believes that the Bankruptcy Court did not have authority to enter the order or judgment.
Second, to preserve any right to de novo review by an Article III court, a party must elect to have the appeal heard by the District Court, rather than by the Bankruptcy Appellate Panel. Pursuant to Bankruptcy Rule See also, Executive Benefits Ins. Agency, Inc. Arkinson In re Bellingham Ins.
A party that does not avail itself of the opportunity to obtain de novo review by an Article III court may be found to have waived any right to such review. Manner of Taking Appeal. Upon the filing of a notice of appeal and a statement of election to have the appeal heard by the District court, the Clerk of the Bankruptcy Court shall forward to the Clerk of the District Court the notice of appeal, the statement of election and the docket sheet.
Bankruptcy Rules d 1 and b. If a statement of election is filed by an appellee, the notice of appeal and the statement of election will be received from the Bankruptcy Appellate Panel. In either case, the Clerk of the District Court shall immediately open a file, docket these documents and give notice to the parties of the name of the assigned District Judge and the District Court case number.
Bankruptcy Rule d 2. Procedure in Bankruptcy Appeals. Upon receipt of the record on appeal from the Clerk of the Bankruptcy Court, the Clerk of the District Court shall immediately docket it in the case in which the notice of appeal was filed and give notice to all parties to the appeal of the briefing schedule.
If the appellant fails to perfect the appeal in the manner prescribed by Bankruptcy Rule Any appellee may file a motion in the District Court to dismiss the appeal. The motion shall be supported by an affidavit or declaration of counsel for the moving party, setting forth the date and substance of the judgment or order from which the appeal is taken, the date upon which notice of appeal was filed, and the facts showing appellant's failure to perfect the appeal in the manner prescribed by Bankruptcy Rule The Bankruptcy Court may, on its own motion, transmit the notice of appeal to the District Court with a recommendation that the appeal be dismissed.
The transmittal shall be accompanied by a certificate of the Bankruptcy Judge indicating the reasons for the recommendation. The Clerk of the Bankruptcy Court shall serve copies of the transmittal and the certificate on all parties.
Upon receipt of a motion under subsection 1 or a recommendation under subsection 2 of this subsection c , the Clerk of the District Court shall docket the motion in the case previously assigned to the appeal.
Unless the assigned District Judge orders otherwise: within 14 days after receiving notice of the assignment to a District Judge, appellant shall file in the District Court a brief of not more than five pages in opposition to dismissal of the appeal; 14 days thereafter, appellee s may file a reply brief of not more than five pages; no hearing will be held unless the assigned District Judge orders otherwise.
Where the Bankruptcy Court has entered a final order or judgment, and a party contends that the Bankruptcy Court lacked constitutional or statutory authority to enter that final order or judgment, such party shall file an appeal in the manner specified in B.
Commentary This rule is intended to clarify the issues that the parties must address in their appellate briefs to the District Court in a case in which the Bankruptcy Court has entered a final order or judgment, and a party contends on appeal that the Bankruptcy Court had authority only to submit proposed findings of fact and conclusions of law to the District Court.
The briefs must address whether the Bankruptcy Court had authority to enter the order or judgment. The briefs must also address how the appeal should be resolved if the District Court determines that the Bankruptcy Court did have authority to enter the order or judgment. That is, the briefs must address whether the order or judgment should be affirmed under traditional standards of appellate review. Finally, the briefs must also address how the appeal should be resolved if the District Court determines that the Bankruptcy Court had authority only to submit proposed findings of fact and conclusions of law.
In other words, the parties must satisfy all requirements that would apply if the Bankruptcy Court had submitted proposed findings of fact and conclusions of law to the District Court under B. Time for Filing Briefs. Unless the assigned District Judge orders otherwise for good cause shown, the parties shall comply with the briefing schedules set forth in Bankruptcy Rules and Oral argument.
Upon completion of the briefing, the assigned District Judge will set a date for oral argument unless the judge determines that oral argument is unnecessary as provided in Bankruptcy Rule b 1 , 2 , or 3. In that case the matter will be deemed submitted for decision. Enlargement or Shortening of Time. Except as provided in paragraph b , approval of the Court is required to enlarge or to shorten time to perform any act or to file any paper pursuant to the Federal Rules of Civil Procedure, the Bankruptcy Rules, or these Bankruptcy Local Rules.
Parties may stipulate in writing, without a Court order, to extend the time within which to answer or otherwise respond to the complaint or to enlarge or shorten the time in matters not required to be filed with the Court, provided the change will not alter the date of any hearing or conference set by the Court. Such stipulations shall be promptly filed pursuant to B.
Any request to enlarge or shorten time may be made by stipulation or motion. Absent exigent circumstances, any motion shall be heard on at least 72 hours notice to the respondent. Any request, whether made by stipulation or motion, shall be accompanied by a declaration stating:. Appearance of Corporation or Partnership Through Counsel. A corporation, partnership, or any entity other than a natural person may not appear as a party in an adversary proceeding or a contested matter or as a debtor in a bankruptcy case except through counsel admitted to practice in this District.
Petitions and pleadings from parties who are not individuals must bear the signature of an attorney. A corporation, partnership, or any entity other than a natural person may not serve as a debtor-in-possession in a Chapter 11 case unless represented by counsel.
If a corporation or partnership does not obtain Court approval of counsel promptly, the Court, after notice as prescribed by Bankruptcy Rule a , may dismiss the case, order it converted to Chapter 7, or order the appointment of a trustee. Nothing herein shall preclude a corporation, partnership, or any entity other than a natural person from filing a proof of claim, an application for compensation, a reaffirmation agreement, or from appearing at a meeting of creditors through an officer or other authorized agent.
Sanctions and Penalties for Non-compliance. Any petition, schedule, statement, declaration, claim or other document filed and signed or subscribed under any method digital, electronic, scanned adopted under the rules of this Court shall be treated for all purposes both civil and criminal, including penalties for perjury in the same manner as though manually signed or subscribed. Failure of counsel or of a party to comply with any provision of these rules or the Bankruptcy Rules shall be grounds for imposition by the Court of appropriate sanctions.
Motion Papers. This rule shall apply to initial papers, response papers, and reply papers in any case or adversary proceeding. The motion and the memorandum of points and authorities may be combined and docketed together. Unless the Court expressly orders otherwise, the initial and response memoranda of points and authorities shall not exceed 25 pages of text, and reply memorandum shall not exceed 15 pages of text.
Any memorandum exceeding 10 pages of text shall also include a table of contents and a table of authorities. Extracts from depositions, interrogatory answers, requests for admission and other evidentiary matter must be appropriately authenticated by affidavit or declaration. Any statement made upon information or belief shall specify the basis therefor.
Affidavits and declarations not in compliance with this rule may be stricken in whole or in part. Prior to the noticed hearing date, counsel may bring to the Court's attention relevant judicial opinions published after the date the opposition or reply was filed by filing and serving a Statement of Recent Development, containing a citation to and providing a copy of the new opinion without argument.
Otherwise, once a reply is filed, no additional memoranda, papers or letters shall be filed without prior Court approval. Motions; To Whom Made. Motions, applications and objections will be determined by the Judge to whom the case or proceeding is assigned, except as may be otherwise ordered by the assigned Judge.
In the Judge's discretion, or upon request by counsel and with the Judge's approval, a motion may be determined without oral argument, or by conference telephone call. A motion, application, or objection may be presented to any other Bankruptcy Judge of the same division as the assigned Judge or, if no such Judge is available, to the Chief Bankruptcy Judge or Acting Chief Bankruptcy Judge when:.
For purposes of this rule, a Judge is unavailable if the Judge has filed a certificate of unavailability or such unavailability is certified by the Judge's courtroom deputy, law clerk, judicial assistant or secretary. The time limits established in these Bankruptcy Local Rules have been calculated to include the "additional time after service" provided by Bankruptcy Rule f.
A certificate of service shall identify the capacity in which the person or entity was served. If notice to the 20 largest unsecured creditors is required, and there are less than 20 unsecured creditors of the estate, the certificate of service shall also indicate that all unsecured creditors were served. This subparagraph b shall not apply to motions and applications served on all creditors, or to motions served in adversary proceedings. Notwithstanding subparagraph a of this rule, transmission of the Notification of Electronic Filing by the Clerk to a Registered Participant shall constitute effective service on that Registered Participant of all papers governed by FRCivP 5 b , as that rule is incorporated by Bankruptcy Rule and Bankruptcy Rule b , and of notices of judgment or order governed by Bankruptcy Rule Commentary Service of papers that initiate an adversary proceeding under Bankruptcy Rules , i.
Likewise, general notices to creditors pursuant to Bankruptcy Rule must still be served by conventional means and are not governed by this rule. Of course, a party may always stipulate to the effectiveness of service by means other than conventional "paper service", including accepting the Notification of Electronic Filing as effective service. In contrast to initiating papers, service of papers governed by FRCivP 5 or Bankruptcy Rule , including answers to complaints, motions in adversary proceedings, responses to motions, and notices of entry of judgment or order, are governed by subparagraph c of this rule.
Each ECF Registered Participant who has appeared in the case or adversary proceeding receives an email from the Court containing a link to the paper. The rule of subparagraph c makes service by electronic mail "Notification of Electronic Filing" effective service of these matters. As to matters governed by subparagraph c , filing parties need only serve persons who are not ECF Registered Participants.
A list of such "manual notice" parties may be determined by reviewing the Notification of Electronic Filing which reprints the list or from the Utilities menu of ECF under "Mailing Information. Case Motions and Objections. This rule shall apply to any motion, application or objection with respect to which the Bankruptcy Code provides that relief may be obtained after "notice and a hearing" or similar phrase, but does not apply to: 1 motions for relief from the automatic stay; 2 proceedings that must be initiated by complaint under Bankruptcy Rule adversary proceedings or motions therein; 3 hearings on approval of disclosure statements and confirmation of Chapter 11, 12 and 13 plans; and 4 matters that may properly be presented to a Judge ex parte.
Unless otherwise ordered, the following shall be set for an actual hearing:. A Motions governed by Bankruptcy Rule b , c , and d other than motions to approve agreements to modify or terminate the automatic stay;. C Motions to dismiss a case, other than a debtor's request for dismissal under 11 U. In addition to the required hearings described in B. Unless otherwise ordered, a party in interest may initiate a request for relief, without setting a hearing, regarding any matter within the scope of this rule, other than those matters described in B.
A Notice. A request for relief governed by B. Any objection or request for a hearing must be accompanied by any declarations or memoranda of law any requesting party wishes to present in support of its position;. If there is no timely objection to the requested relief or a request for hearing, the court may enter an order granting the relief by default. In the event of a timely objection or request for hearing, either :.
The initiating party will give at least seven days written notice of the hearing to the objecting or requesting party, and to any trustee or committee appointed in the case; or. The tentative hearing date, location and time are insert date location and time. B Procedure for Tentative Hearing Dates. A tentative hearing shall be set at least 14 days after the last date for parties to file objections or requests for hearings in accordance with B. The tentative hearing will not go forward unless an objection or request for hearing is timely filed and served, in which case the party initiating the proceedings under B.
Such Notice of Hearing is to be in writing, and is to be given to the objecting or requesting party, any trustee and any committee appointed in the case, and the Court.
The Court will not schedule the matter on the judges calendar unless the Notice of Hearing has been filed and served timely. C Conduct of Hearing. At the hearing the Court will proceed in accordance with B. On other matters in which the Court determines that there is a genuine issue of material fact, the Court may treat the hearing as a status conference and schedule further hearings as appropriate.
When no objection or request for a hearing has been filed or served within the time provided in B. Any such request for relief upon default shall contain a concise statement of what relief or Court action the movant seeks. If the initiating party is an ECF Registered Participant, the electronically filed request shall contain a declaration confirming that no response has been received.
The electronically filed request shall refer to existing event s within the ECF System to the previously filed motion, application, or objection and the certificate of service for the previously filed document and copies of such motion, application, objection and certificate of service need not be filed with the request.
Unless the court directs otherwise, the clerk will not serve those notices. Failure to timely file a certificate of service in compliance with this rule may result in denial of the related motion, or removal of the motion from the court's hearing calendar. The proof must show the date of service, the name of the person served, and the manner of service.
A certificate of service must be included with all documents filed electronically, indicating that service was accomplished through the notice of electronic filing for parties and attorneys who are filing users and indicating how service was accomplished on any party or attorney who is not a filing user.
Failure to file the proof of service required by this rule does not affect the validity of service. Unless material prejudice would result, the court may at any time allow the proof of service to be amended or supplied. If an amendment is filed adding creditors in accordance with Fed.
Any document that is required to be served or noticed on all parties must also be served or noticed on the federal and state governmental units listed in the Register of Mailing Addresses of Federal and State Governmental Units kept by the clerk in accordance with Fed. Additional service requirements may be found in Fed. If a creditor has designated a person or organizational subdivision in accordance with 11 U. If a designated address does not appear, it is the duty of the creditor to review the matrix and file a request for notice in the particular case.
If an amendment is filed adding creditors or creditor addresses, the debtor must comply with LR b 5. If the court issues an order granting an extension of time to serve the notice required by LR c , the original creditors' meeting must be continued, and a new date for the meeting must be set.
Any motion or request to extend the time to serve the notice will be deemed to waive the deadlines that run from the first date for the meeting of creditors and to stipulate that the deadlines run from the renoticed meeting date.
After a bar date for claims expires in a chapter 7 case, all notices required by Fed.